THE GENERAL ASSEMBLY OF PENNSYLVANIA

HOUSE BILL

INTRODUCED BY YOUNGBLOOD, CRUZ, BEYER, DePASQUALE, GRUCELA, MURT, SIPTROTH, BELFANTI, MOUL, HORNAMAN AND GINGRICH, FEBRUARY 13, 2009

REFERRED TO COMMITTEE ON JUDICIARY, FEBRUARY 13, 2009  

AN ACT

Amending Title 42 (Judiciary and Judicial Procedure) of the

Pennsylvania Consolidated Statutes, further providing for

limitations of criminal actions.

The General Assembly of the Commonwealth of Pennsylvania

hereby enacts as follows:

Section 1.  Section 5551 of Title 42 of the Pennsylvania

Consolidated Statutes is amended by adding a paragraph to read:

§ 5551.  No limitation applicable.

A prosecution for the following offenses may be commenced at

any time:

* * *

(4.1)  An offense under the following provisions of 18

Pa.C.S. (relating to crimes and offenses):

(i)  Section 3121 (relating to rape).

(ii)  Section 3123 (relating to involuntary deviate

sexual intercourse).

* * *

Section 2.  Section 5552(b.1) and (c)(3) of Title 42 are

amended to read:

§ 5552.  Other offenses.

* * *

(b.1)  Major sexual offenses.--A prosecution for any of the

following offenses under Title 18 must be commenced within 12

years after it is committed:

[Section 3121 (relating to rape).]

Section 3122.1 (relating to statutory sexual assault).

[Section 3123 (relating to involuntary deviate sexual

intercourse).]

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 4302 (relating to incest).

Section 6312 (relating to sexual abuse of children).

(c)  Exceptions.--If the period prescribed in subsection (a),

(b) or (b.1) has expired, a prosecution may nevertheless be

commenced for:

* * *

(3)  Any sexual offense committed against a minor who is

less than 18 years of age any time up to the later of the

period of limitation provided by law after the minor has

reached 18 years of age or the date the minor reaches 50

years of age. As used in this paragraph, the term "sexual

offense" means a crime under the following provisions of

Title 18 (relating to crimes and offenses):

[Section 3121 (relating to rape).]

Section 3122.1 (relating to statutory sexual assault).

[Section 3123 (relating to involuntary deviate sexual

intercourse).]

Section 3124.1 (relating to sexual assault).

Section 3125 (relating to aggravated indecent assault).

Section 3126 (relating to indecent assault).

Section 3127 (relating to indecent exposure).

Section 4302 (relating to incest).

Section 4304 (relating to endangering welfare of

children).

Section 6301 (relating to corruption of minors).

Section 6312(b) (relating to sexual abuse of children).

Section 6320 (relating to sexual exploitation of

children).

* * *

Section 3.  The addition of 42 Pa.C.S. § 5551(4.1) shall

apply to offenses as to which the applicable period of

limitations has not expired on the effective date of this

section.

Section 4.  This act shall take effect in 60 days.